Forest Hills, NY asked in Criminal Law for New York

Q: A person is guilty of prostitution when they engage in sexual conduct for a "fee". What is considered to be a fee?

In the state of New York, A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. Does the term "fee" only refer to fiat currency like the USD? Would a person be guilty of prostitution if the engaged in sexual conduct for anything other than money, such as: food, clothes, an iPhone, artwork, or crypto-currencies?

Related Topics:
1 Lawyer Answer
Andrew S. Tabashneck
Andrew S. Tabashneck
Answered
  • Criminal Law Lawyer
  • Williamsville, NY
  • Licensed in New York

A: Because crypto-currencies are pretty new, I doubt there is case law which directly relates to that form of a transaction. As it relates to food, clothes, an iphone, etc, Initially, I assumed the court would interpret this as being within the statutory definition of a fee. However, there is a case in New York, People v. Block 71 misc. 2d 714, which defined the term "fee", based on the Websters Dictionary, as "Compensation, often a fixed charge, for professional service or for special and requested exercise of talent or of skill, as by an artist; as a fee for consultation; a retaining fee." The court emphasized the use of "fee" "restricts the purview of the statute." The court noted that an exchange of sex for a "mink coat" would be outside the scope of the statute.

In the case of crypto-currencies, such as Bitcoin or Litecoin, it would depend on whether police could attach your wallet ID to you. This would probably depend on whether you transferred the money from an exchange or a wallet,

The case law on this issue is pretty limited. But I would strongly suggest you assume this conduct is illegal just to be safe

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.